we were going to talk to her today but she agreed to come back tomorrow and tell us the story. jenna: moses, what do you say. jon: thank you for joining us. jenna: "america live" start right now. megyn: fox news alert new information just coming in right now on a shooting at one of the nation's most prominent hospitals. welcome to "america live" i'm megyn kelly. a gunman shooting a doctor at john hopkins hospital in baltimore, maryland in the last hour. we received initial reports from the hospital that the gunman had been subdued. now, however the police say the man has not been captured but instead has barricaded himself on the 8th floor of the hospital. we are awaiting a news conference from the scene at this moment. in the meantime, joy lapala with our fox affiliate in baltimore has just got even on the scene. she joins us by phone. what are you seeing. >> reporter: all the roads leading into john hopkins at this point remain blocked off, this as a police helicopter

continues to fly overhead. at this point three corners remain crowded with onlookers and police trying to keep everyone back from the scene. this is still a very active scene as fbi agents and snipers are moving in under the yellow tape to take position in an effort to, if need be, take out this gunman. now i just talked with police and they did tell me as you mention that the gunman is still loose in hopkins but they have been able to stop him or contain carbon monoxide contain him on one floor. i asked if there are any patients on that floor or at this point if any patients are in danger. i was told, no shall everyone inside is safe at this point. what we know about the gunman, we know this is according to individuals inside the hospital talking with employees who can't get back in at this point. what they are telling me is that allegedly this gunman has a relative in the hospital, they

underwent surgery earlier this week and things didn't go quite as planned and the patient was left paralyzed. again we asked the police if they could confirm this for me. they steered away from answering my question. they didn't deny that that may be the case. again at this point a very active scene with police just coming in and out of the scene, and individuals looking on wondering what exactly is happening inside the hospital. megyn: the baltimore sun is reporting that it is the patient's mother who had that procedure and that the patient is with his mother on the 8th floor of the hospital, somehow barricaded at this moment, although we don't know in that information is up to the minute. folks by the way we are just getting this tape in from outside of the scene, this is outside of hopkins in baltimore, maryland. i want to ask you about the doctor. what happened? did you get any sort of a timeline or an explanation of exactly what happened when this gunman came in and shot the doctor and any information about

his condition now? >> reporter: well, what i can tell you is that according to police the doctor was shot in the chest. i believe that this happened on the 8th floor. they referred to it as nelson 8th here at the hospital, that's how employees refer to it. i'm told at this point the doctor is in surgery, and he's expected to survive. megyn: they are saying that his injuries are not life threatening, joy, would they go that far. >> reporter: yes, that's what police just told me probably about 15 minutes ago, that he is in surgery and they fully expect that he is going to make it. megyn: are the doctors and the staff being evacuated from the rest of the hospital? is the rest of the hospital, i mean it's tough to evacuate a hospital the size of johns hop since given the number of patients they service. what is being done in places other than nelson. >> reporter: what's happening, i haven't seen anyone except construction workers being escorted. there is a lot of construction

happening near the hospital. i'm being told by employees again who have friends inside that they've basically locked themselves in lounges, in rooms and they are just on lockdown at this point. i have not personally seen anyone evacuated and the police did not mention that to me. megyn: one question is whether that is even possible at a facility at hopkins, one of if not the best hospitals in in country. it's listed as number one repeatedly by u.s. world news and report every year as one of the top hospitals in the country. our appraisers go out to the doctor who has been shot and his family who has been notified or at least will be shortly. thankfully not life-threatening injuries for that doctor. johns hop since, my understandings, folks that's a major one trauma center. god forbid you get shot you could find worse places to get shot than in the center of johns

hopkins medical center. he's getting the care he needs and we'll give you the information you need on him. and the shooter barricaded on the 8th floor of that hospital right now as the good folks from the baltimore pd try to take him into custody. more than that as we get it. momentum is building for a controversial new push on immigration reform. something many thought was dead in advance of the midterm elections. right now we are awaiting a meeting at the white house between president obama and key democratic lawmakers who say that now is the time to act. this meeting comes right on the heels of harry reid announcing a new immigration bill, it's called the dream act. they've tried to introduce this before, unsuccessfully. he is reintroducing it. this would allow people in the united states illegally to become citizens by serving in the military for two years or attending a couple of years of college. top democrats are hoping the president will today get behind

it. republicans are saying this is a campaign stunt, in particular by harry reid who finds himself in an embattled re-election campaign in a state with a high hispanic population. we'll have more on that as the show goes on. stay tuned. police in arizona are making a new plea for federal help securing the border. locals in pinal county deep in arizona say they've seen drug smugglers operating out of caves literally in their backyards. now the county sheriff is asking president obama to come and particular a look for himself. trace gallagher live in our west coast newsroom with more on this. this sheriff has been on fox news many times. he's an eyewitness to the problems there, now what. >> reporter: he says he's pleading for help, he says he's out manned and outgunned. we are not talking about on the border, we are talking about 80 miles away from the border. when it comes to human smuggling and drug smuggling pinal county is crucial. i want to show you wildcat peak,

this is it right here, that is where the caves are. it is the highest point in pinal county a2500 feet. the spotters kit up there like air traffic controllers, although they are not guiding planes, they are guiding humans and drugs. they have powerful scopes and night vision goggles and encrypted radios so cops cannot intercept their frequents. they can see the cops for miles. when the spotters say go the vans pull up, they load up and away they go. it's not just open desert, megyn, this is people's property, their ranches, their backyard. one retired couple says they used to sit at their window and watch wildlife until they noticed the spotters were spotting them. listen. >> you felt so uncomfortable, because after you realized that he was there you were like out in your backyard and it goes in your head like, oh, i'm being watched.

>> reporter: authorities captured that spotter and they deported him, but the authorities acknowledge that he'll be back. so will hundreds of others, which is why the sheriff there is now saying he wants the feds to help him now. megyn: all right. >> we are repeating our call not just for the president to secure the borders, to stop fighting arizona, to stop take us to court and to defend and protect our families. >> reporter: so far this year 14 bodies have been found out in pinal county, the number of calls to the border patrol the highest ever. this is also by the way for reference the area where that pinal deputy sheriff was shot by a drug smuggler, megyn several months ago. megynago. megyn: trace gallagher, thank you, trace. a bit of a turn around in a closely watched u.s. senate race in delaware. it is now viewed by the pollsters as going solid democrat. you can take a look at the first

rasmussen poll since the primary. chris coons at 53%. christine o'donnell at 42%. this is not a huge shock. in a match up before she won he was 11 months ahead of her which is why people like karl rove said she continue win. nonetheless there are six weeks before the election. she says she can turn it around. at the beginning of the month before the primary voters chose her the race was on track favoring the gop because mike castle the guy christine o'donnell beat was shown as beating the democrat had today lee. much more later in the hour. the treasury department is leading a new investigation into the white house, and whether the white house was involved in the decision to protect the benefits of some union workers at general motors while cutting the benefits of white collar workers alternate the same unit, in essence favoritism by the government towards the union at the expense of others. stu varney, host of

varney & company is my guest now. the treasury department is investigating the white house because the white collar workers complained. they got the shaft. is it the government or gm who they say gave them the shaft. >> reporter: back up a little. delphi the big auto parts maker got caught up in the general motors bankruptcy. 21,000 white collar workers at delphi had their pensions cut, chopped, big time. the union workers, they also got their pensions cut, but their mentions -- penses were topped up again with money that was followed through general motors and the bankruptcy fund and the bail out of general motors went to top out the hourly workers. therefore white collar workers feel they have been unfairly treated, shame flee treated. they got messed up with their pensions, the union people did not. now who at the white house, who in the administration made that decision that the unions would

be bailed out with taxpayer money, their passengerses would be -- pensions would be made whole but white collar workers would not. kneel boraski he's the general inch tebgter of tarp, he's launching an audit, an has asked the following question. did politics, political considerations play a role in favoring hourly workers over salaried workers, that's the situation. megyn: he was essentially pressured into this because the white collar workers weren't going to let this happen quietly. they recognized what happened as the union employees are sitting back on these fat-cat pensions and the white collar workers have nothing. >> reporter: he wrote a letter to baraski and he launched an investigation. megyn: the government essentially funneled money through gm to take care of the union workers and not the other workers, that would be taxpayer dollars. >> reporter: that's exactly the allegations. it is a suspicion that political

considerations played a major role in having union workers top off their pensions but not the white collar workers. megyn: what are they saying to defend the charge. >> reporter: i have not yet received a response from the white house. megyn: we will wait to hear that. do successful republican women face a tougher political environment. christine o'donnell is the latest in a long line of conservative female candidate very much under fire. just how far might her critics go this time without anyone complaining in response? a terrorist in uniform. now lawyers for the former army major behind the massacre at fort hood have a very special request. should it even be considered? we are live in texas to tell you what it is and find out where it's going. one big city has a new plan to kick significance ritz. ban light up in any public place outside. could this ban be the one that goes too far?

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megyn: ladies and gentlemen the people of delaware have spoken. [cheering] [applause] megyn: the people of delaware aren't the only ones who have spoken. christine o'donnell's victory has become one of the hottest topics in politics. it has earned her criticism. some of it ugly. rush limbaugh is asking if there are different rules when it comes to conservative women. >> you can throw the kitchen sink and the toilet bowl, and its contents at republican women candidates and no one is accused of picking on the girl.

you can attack -- if you are a republican you can attack a republican woman left and right and not even the liberated pansies in the sports writer media will come out and attack you. you can say about christine o'donnell whatever you want to say and nobody accuses you of picking on the girl. megyn: sam bennett is the president and ceo of women's campaign forum and she is my guest now. sam, does he have a point? >> he absolutely does. not only for christine o'donnell. let's look at what happened to mary landreau who was called a major prostitute by a talk show host or hillary clinton on the other side of the aisle. we at women's campaign fund are fighting this tooth and nail. we've launched an initiative called name and change it.

no matter what their value system is, no matter what their party is. when you attack women like this you attack all woman. we will be stepping up to the plate to defend her. do we agree with all of her value systems or issues, no, it's unfair, it's wrong and it must be stopped. megyn: you say it doesn't matter what the party line is, your issue is women, women candidates. >> right, women candidates. and the bottom line on this is when i ran for u.s. congress, i was a democrat ran for u.s. congress in 2008 now i lead a nonpartisan organization, what i experienced was absolutely breathtaking. megyn: how so. >> reporter: when i get up in in front of a group of men to do my stump speech as they call it in politics and the chair interrupts my speech and says, hey, sam i was lying in bed last night thinking about you. i want to ask a question all the

men in this room want to ask you, just what are your measurements. that's only a taste of what women candidates on both sides of the aisle have to deal with. we are diving in on this tooth and nail, it's wrong and must be stopped. megyn: what do you think is sexist, what i noticed with christine o'donnell is a barrage of criticism. she misrepresented her college education in some way. she is against masturbation, you name it. as rush said the kitchen sink has been thrown at her. you could argue politics is dirt taoerbgs it's war and she is going to have to take it but it just seems like there's been a lot for her. >> absolutely. i think you have to separate two things. it's clear that the republican part ties upset with her because it looks like what she's done to this particular seat is what nader did to gore, right, she inadvertently may be throwing a monkey wrench in the plan to have biden's seat to become republican.

i think that is a lot of the ire that is coming at her from the republican side. bottom line if the criticism is not being levied in the same way at a male candidate it's not fair to levee it as a woman candidate. there are plenty of guys who have run for u.s. congress and senate that weren't as qualified as some other men but they do not endure the same sort of she is not qualified terminology that gets thrown at women candidates regularly. that's the standard. megyn: excuse the term, online they refer to this as sort of the nuts and sluts attack if you're a female candidate they'll either describe you as they did with sarah palin as nuts, and even christine o'donnell has already been referred to as a nut by both sides or if they can't get you that way they'll say that you're some sort of a loose woman. they can't really do that with christine o'donnell as far as we can see. if anyone is a spokesperson nor not going that route it appears to be this woman. >> this started with geraldine

ferraro in her bid for vp. i think it's time, we are ready. i don't agree with all of sarah palin's values but you can't argue with her batting average. if politics were baseball she'd be pwatding a 5.80 in terms of candidates showsee endorsed. the gop women are on the rise and on the move. we need to be there to protect it. it's called name it, change it.org, get on here and help us fight these attacks on women. when you attack one woman you attack all women. not acceptable. megyn: thank you, we appreciate you being here. folks you might understand when someone gets upset about getting a traffic ticket, but have you seen how this guy went when he was handing them out? >> take that and shove it up your -- >> i have it on video. >> i could give a dam less, you pennsylvania scooper wood chuck. megyn: he had more things to say

about wood chucks when he talked to fox news today. the story behind the rant today. and all the analysis about democrats, republicans and the tea party may be missing the real story. americans are mad as hell, and just ahead you will see how that could change the washington political game forever. >> >> we're not going to take it any more.

megyn: fox news alert breaking developments in a hearing of army psychiatrist major nidal malik hasan, the man accused of gunning down 13 people and injuring another 32 in a

shooting rampage at fort hood, texas last year. a military judge rejecting his defense attorney's request to close the hearing to the public. reporter sarah talbert is live at fort hood. normally you have a case in court it is open to the public, that is one of the foundations of our judicial system that the public has access when somebody is put on trial. is that essentially what led to this judge's decision? >> reporter: i believe so. john galligan who is nidal malik hasan's attorney was citing the fact that this is more or less like a grand jury hearing and in state and federal court more than likely and often grand jury hearings are top secret, and the public, including defense attorneys, prosecutors, are not let into those hearings. that's what he was claiming that this is just like that and needed to be treated like that. megyn: yet the judge said what? >> reporter: the judge denied it. john galligan citing the fact

that he felt number one his client would not get a fair trial here on fort hood, already that motion has been denied. he was saying the media attention, the media frenzy surrounding this case has just been intense and that because of that media attention the trial, the hearing, the article 32 hearing needed to be closed to the public. the judge denying that. he was saying in fact it's transparent, it needs to be transparent, the public needs to know what is going on behind closed doors right here on fort hood and that is why he denied that request. megyn: thank you for the update. inside washington many are stunned after the big tea party wins that we've seen lately. all the talk about democrats, republicans and the tea party, though, might be missing the big story. up next, scott rasmussen and doug shone why americans are mad as hell and may end up changing washington forever. the father fighting the mother of all death penalty battles,

struggling to see the ultimate punishment against the men who allegedly killed his wife and two daughters. the trial and the gripping 911 call his wife made from the bank when they forced her to withdraw money before they killed her, next. >> we have a lady who is in our bank right now, who says that her husband and children are being held at their house. the people are in a car outside the bank. she is getting $15,000 to bring out to them. that if the police are told they will kill her children and the husband. gecko: good news sir, i just got an email from the office

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megyn: 1:32 in the east, we are awaiting a news conference in baltimore on the shooting at john hop since hospital. they say the gunman the son of a patient shot a doctor and hold up inside of the hospital on the #-th floor. the doctor has been rushed into surgery and is expected to survive. the senate has passed a small business lending bill creating a $30 billion fund to encourage small businesses to expand and hire new workers. new numbers out today show banks and lenders repossessed more homes last month than in any month since the start of the mortgage crisis three years ago. although the number of foreclosure filings are down slightly. well long after the midterm is

done one story will be with us, the rise of the tea party. 12 months ago, that's all, they were called astro turf, a fridge group that would soon fizzle out. our next two guests say these people are here to stay and they are just the tip of an american public that is mad as hell. joining me now the authors of mad as hell, pollsters scott rasmussen and doug schoen. thank you for being here. you could not have two better pollsters to talk w. doug let's start with you. you have the inch studio advantage. the tea party lost in the mix of christine o'donnell, is she a nut and did she cost the gop was the incredible victory that the tea party had in getting this woman the nomination. >> i think that is right, megyn, that is absolutely the case in state after state. turn out goes up, enthusiasm goes up. whether you like or dislike christine ow o'donnell that votn

the republican primary went from 30,000 to 57,000 is an extraordinary out pouring of support for an organization that scott and i in mad as hell says is as potent a force in american politics than any one is. megyn: you do not overstate it. you say it's one of the most powerful annex ordinary movements in recent american political history. as popular as the democratic and republican parties and it may even be strong enough to elect the next president of the united states. scott that is a very different message from this one that we heard from house speaker nancy pelosi just last year. look at this. >> i think they are astro turf, you be the judge. megyn: harry reid called them unamerican. >> they were called racist,

insignificant. it's because they irritate the elites. it's an authentic grass roots movement that is here to stay. when we talk about races like delaware it's not really about christine o'donnell or the tea party movement it's really as much of an expression of frustration about mainstream politics, the republican leadership in this case, the people don't think anyone is listening to them and they think the government is way overextended in terms of spending. megyn: they clearly don't like president obama's policies. they don't like being told by the republican establishment that they better get in line and march with the party lock step. they were told that in delaware, get behind mike castle otherwise you'll cost us the senate and they gave the republican party a resounding no. >> and the key to understanding the tea party movement, megyn is it's not a partisan organization. sure they are conservative, fiscal conservatives mostly but they are as hostile to the

hyperspending under george w. bush as they are to obama's policies. they are turning against obama because he's in power, the democrats control congress. make no mistake about it there is just plain anger with policy not partisanship here. megyn: not only are they one of the most powerful annex ordinary movements in recent american history but one of the most disrespected. scott, what you are seeing is that the tea partiers, the people who are part of the movement and the candidates they back actually can use that to their advantage. >> absolutely they can use it to their advantage. in fact, every time an establishment figure comes out and disses the tea party it just increases the enthusiasm for the party itself. only about one out of five americans say right now they are a part of the tea party, but a much larger number share some of their views about government, have a favorable opinion, and they don't like the fact that the ruling class is socon today sending to the movement.

megyn: is that something that sarah palin helped start. she used that very effectively. people would go after her and she would call them the lame stream media. and the antiestablishment, like there they go again. whether the criticism were legitimate or not it was very effective at diffuse them. >> we have to recognize this wasn't started by sarah palin or ron paul, or any other individual, this has been building for decades, finally when the bail outs were passed in the fall of 2008 that ignited the furry. but this is something that people have been feeling and sensing and talking about at little league fields and at habitat houses all around the country for a longtime, and they just didn't want to believe that the government was ignoring them. well now that's what they believe. megyn: and they've had it. doug as we go into the general election in november and we'll definitely have some tea party candidates make the, you would assume some are going to get in. >> absolutely. megyn: how does it change the face of u.s. congress.

>> we are going to have up to six tea party senators. we are going to have 30 or 40 new tea party members of congress and the nominating process going forward to 2012 on the republican side is going to be dominated by the tea party. so the entire lay of the land in american politics is changing as we speak and as we sit here today megyn by the tea parties. megyn: notwithstanding the predictions by nancy pelosi that it was not really a gas roots movement and by harry reid that they spread lies, and innuendos. the book again is called mad as hell, how the tea party is fundamentally remaking our two party system. she was a political cartoonist who decided to make a political report. now she has had to give up her career, change her name, abandon her life and go into hiding all because she angered an islamic cleric. and william petit lost his wife,

his two daughters and everything he knew. now he has just one cause that drives him, a father's death penalty push, a murder trial and a gripping 911 call right after this break. >> she is getting in a car, it's like a gray suv, they pulled up, now they are pulling out. >> just her? >> no, somebody else is driving. she said they drove her here.

megyn: a father's fight for justice in what has become the mother of all death penalty cases. dr. william petit taking the stand against one of the two men accused of killing his entire family in a brutal home invasion in connecticut. jurors also saw the last footage of jennifer hawk petit alive when she went to a bank during what was essentially a six-hour ordeal, forced by her captures to take out $15,000 to try to save her family. they told her if she did things

would be okay. while at the bank she tried as well to signal for help, and here is the resulting 911 call from the bank worker. >> we have a lady who is in our bank right now who says that her husband and children are being held at their house, the people are in a car outside the bank. she is getting $15,000 to bring out to them. that if the police are told they will kill her children and the husband. they have their faces covered. she is petrified. she is getting in a car, it's like a gray suv. they pulled up, now they are pulling out. >> just her or -- >> no, somebody else is driving. >> okay. >> she says they drove her here. megyn: within an hour the house was set on fire and jennifer and the two petit daughters were dead from smoke inhalation inside. william, the father narrowly escaped beaten within an inch of

his life and left in the basement. he managed to untie his hands to hop out and eventually roll to a neighbor's house. this horrifying case has become a referendum on capital punishment in connecticut. joining me is mark a defense attorney and wendy, a former prosecutor and a victim's rights advocate. this case has rivetted the nation because it's so gruesome. i don't want to get into what the two men did to this family inside of this house. suffice it to say it was just as bad as it could be for the poor mother and two daughters and then they were set on fire. wendy, how on earth does this not result in the death penalty for the two men accused? >> there is no answer. the death penalty is the nicest thing i can think of, frankly for these guys. i don't know if there is a more

gruesome crime in the books. it reminds me of the charles manson case a little bit. the arbitrariness, the rape, theft, and arson. i don't get it. megyn this case almost makes no sense to me, because it's so unlike even the most grotesque of other crimes. and i'm against the death penalty, but i think i might even step up and flip the switch on this one. megyn: i mean, mark the thing from a legal perspective, that is interesting is to watch the defense attorneys try to defend this case. these guys wanted to plead guilty in exchange for life sentences and to their credit the prosecutor said no, and the father did not want life sentences for these two animals, so how are they defending this case? what are they saying? what angle are they pursuing? >> it's difficult, i've been there when clients don't want to take pleas or for some reason there is no motivation at all to take a plea you are forced to be there. to their credit they did one thing that i truly admire, after

the surviving father testified with those horrific details they stood up and they said, no questions. there were no questions to ask him. their clients are guilty, and this is just a slow process to get to the death penalty. megyn: they seem to be going, wendy as i read it to a defense of, it's the police' fault, that's what's come out in the last couple of days, wendy, the defense attorney is trying to make some hey about -- it did take the police too long to go into that house. tell the viewers how it went down. >> well, yeah, i mean look there was at least an hour between that visit to the bank, she gets the $15,000, gives the guys the cash, you think they might have said thanks a lot and took off, right? no they go back to the house, there is more grotesque violence, ultimately murder and arson. the cops were outside of the house for quite a while. megyn: while the murders were taking place. >> while the murders were -- wondering whether this was a real hostage situation. i do feel a bit bad for the

cops, if this really was a hostage case they were doing the right thing. it seems no cookie -- kooky that murders were taking place in front of the defense. what they are going to do, megyn if they get the people to be and rewith the police for a particularly stupid juror that could wind up in reasonable doubt. megyn: could it spare them the death penalty? we heard that 911 call from the bank teller and the questions the defense lawyers seem to be raising is are why didn't the police follow the hostage-taker as he drove the mother home before he murdered her? why when the police got to the house did it take between 30 and 40 minutes to set up a perimeter while a young girl was being raped inside and ultimately all three women were killed. the police were there. >> i have no doubts that the defense lawyers know this is all going into the penalty phase, they are going to decide whether he gets death or not. whatever they do during the

trial it's not necessarily a defense. their argument and opening statement is, well they did it but things just went aeu rye -- arye. it got out of hand. megyn: what's what the defendant steve hayes said when he was arrested on site. >> what, i accidentally killed them? it seems to go to the defense that if police had acted faster. let me just be clear i'm not blaming this on police, this is on the hands of the two murderers who did it, i'm just talking about what the defense theorize. they seem to be arguing if the police had acted faster things would not have, quote, got even out of control. is that even a recognized defense, wendy? could that be used at least in the penalty phase to lessen the penalty? >> no, no it's not legitimate as a defense to the merits, it's not legitimate as a mitigation factor during the death penalty phase. but, again, if jurors get distracted by this red herring, well the cops could have done better, the cops could have done

better. some jurors, not bright ones might say, well he's got a point there, there would have been less grotesque behavior had the cops stepped up. i hope that the prosecutor puts it on them and says you want to give them a discount for anything? that's what i'd say to them, please. megyn: they say some of the jurors broke down as they looked at the pictures of the victims yesterday when they had the opportunity to view those, mark. i don't know, mark you're a defense attorney where do you stand on the death penalty and in particular in this case? >> let's just say i believe that it's the ultimate sanction and should only be reserved for certain cases with certain facts, and let me just say that this case meets that legal threshold that if you want to give the death penalty and give this father, you know, his only wish, you give it to him. megyn: yeah, i mean how does this poor father go on after what he suffered. it has been -- it has been gripping the nice this trial and it's still on going. we'll see how it turns out and update you when we have the answer. mark, wendy hang you so much for

your thoughts on it. fox news alert out of baltimore right now breaking news from the shooting scene at johns hopkins at the hospital where we're hearing from police the gunman is barricaded in a room right now. let's listen in. >> we need to get all the facts together, this is very fluid and we'll come back with a press briefing probably in like 45 minutes to an hour. okay? megyn: all right unfortunately we seem to have missed the headline there. we will try to get more on exactly what he said. as we know it at this moment, and there is molly henneberg right there. we'll get her on camera moments away with exactly what he said. the last we heard the gunman had barricaded himself on the 8th floor, he was upset over treatment of his mother. there was a question whether she had been paralyzed in a surgery. thankfully the doctor who has been shot, we're told, is in surgery and is expected to survive. you can see molly getting ready for us. we'll be right back to her after this break. oh, new phillips' colon health probiotic plus fiber.

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megyn: fox news alert breaking news from the shooting scene at johns hopkins hospital we just got word that the suspect accused of going into the hospital and killing -- i'm sorry, and shooting a doctor has himself been shot and killed. molly henneberg is live on the scene with the update, molly. >> reporter: megyn about three hours after it started the situation here at johns hopkins hospital is over. a spokesperson for the hospital just came out and as you said told us that the suspect has been shot and killed. he was shot by a police tactical team. they had contained him in an area of the hospital. they were able to get in and

fire a shot and killed him. we do know that there was as they told us a family member in the room where the suspect was when he was shot, but no one else was harmed. we do not have this next part confirmed, but we have herd from hospital workers who have been coming out that the other family member in the room may have been the suspect's mother. she might have been in the hospital and something went wrong in surgery an was upset about it. we do not have that confirmed by the hospital, that's what some workers have said as they've been coming out. it's over here, the s. w. a. t. teams are leaving as we speak. the suspect has been shot and killed. megyn: molly henneberg thank you so much. now all that remains to be seen is the condition of the doctor. we were told earlier that his injuries were not life threatening, that he was shot in the chest, in surgery and expected to recover. as we know more about his condition and i don't actually know whether it's a man or woman, a mail or female doctor, we'll bring it to you.

a newspaper cartoonist forced to erase her identity for something she drew. the cartoon that put her on a hit list and the threat from a muslim cleric that now has her in hiding and in fear for her own life. and a 6-year-old cheerleader has to hand over store pom-poms after her mother complains about a suggestive cheer. what her coaches wanted her to say and what both sides are now saying in "kelly's court." >> flabbergasted is the best word i can say. one it doesn't make any sense, to say a 6-year-old should be saying those words is inappropriate. w

megyn: fox news alert. we are getting word on an expected news conference in the next half-hour on this shooting of a doctor at johns hopkins

hospital. police say the gunman has been shot and killed by police. they say the doctor was shot in the stomach. he was rushed into surgery. he's expected to be okay. the baltimore sun * reports the gunman was angry about the care his mother received in the hospital. first while in his mother's room he threatened to jump out the window. according to one nurse he unleashed one shot on one of the hopkins doctors. there was a standoff situation where he barricaded himself on the 8th floor of the hospital. then we just learned moments ago that the baltimore police have shot and killed the gunman. we are going to have more from the police in a moment. we'll bring that to you as soon as we get it here on "america live." welcome, every one. i'm megyn kelly. to seattle where an american

cartoonist has give up up her career, her life and gone into hiding in fear of backlash from the muslim world. she launched a draw mohammad day campaign on facebook in what she said was supposed to be a joke. today she is afraid to show her face if public. what exactly did she do, dan? >> reporter: according to her editor at the seattle weekly * she has gone ghost. she has changed her name and written off her identity. we don't know where she is. but they are taking it seriously. her cartoon will no longer appear in the seattle weekly. this is at the request of the fbi to do something drastic. though the editor says it's more like a witness protection program without the government helping her. she apologized to any muslim she offended with the draw mohammad day. but that did not appease the

cleric from yemen who called for her assassination. we called to see if there was a recent threat or an attempt on her life, and the fbi said no comment. megyn: she was trying to make a statement about free speech by having this draw mohammad day? reporter: she says it was a satire she thought to the overreaction to the makers of south park. so she had this draw mohammad day. after she real. >> id she offended a lot of people we retract and said i don't want to draw mohammad day. but that did not apeace anwar al-awlaki who is a muslim cleric born in the united states. he was born in new mexico. he's believed to be the person behind the fort hood massacre and the failed attempt at a bombing in times square. he put out the request that she

be assassinated. he wrote, quote, her proper abode is hell fire. because of that the fbi says they can't protect her to the extent she needs protecting and they urged her to do something drastic to protect herself. megyn: dan springer, thank you. molly norris started that campaign involving the show south park. the cartoon's creators faced death threats themselves thanks to a backlash over a planned skit about the prophet mohammad. comedy central bleeped out the entire final scene and all other mohammad references. nevertheless, one muslim web site threatened quote, violent retaliation. president obama heading off to connecticut on a campaign trip showing up to support senate

candidate richard blumenthal at a time when many democrats don't want to be seen with the president. linda mcmahon is trailing just 6% within the margin of error. could the president's visit backfire on the democrat blumenthal. this blumenthal is the guy who misstated the facts about his service. he said he was in vietnam, but a lot of people thought that was it for him. but he was polling like 30 points ahead of linda mcmahon, now six weeks in advance of the elections, it's narrowing. >> it's neck and neck or gotten a lot closer after linda mcmahon has been on the air with ads. she is a self-funded the candidate. richard blu blumenthal is cash strapped. president obama is going up there to raise money for the democrat running for the united states senate which is

traditionally a blue state. we got a statement from the blumenthal campaign manager about the visit. oh the bottom line is the commander-in-chief is good that raising cash with loyal members of his party and that's what he's going to do for blum even mall tonight. megyn: what is linda mcmahon saying? >> reporter: many experts believe this will come down on support of independents. with independents president obama is not nearly as popular. so there is a struggle underway. so linda mcmahon says bring him to town, this will make the point that i'm the outsider. he's the career politician. here is more from linda mcmahon.

>> we have been on a pails of closing the gap -- on a pails on a pace of closing the gap. it's like being on a diet and that last 10 pound is the hardest to lose. i'm going to continue to do what i'm doing. >> reporter: she is closing the gap from what she said was 40 points in the initial days of the campaign to just 6. megyn: a new record for personal campaign spending coming in one of the country's most closely watched races. meg whitman, the republican candidate for governor of california contributing $119 million of her own personal for tune in the race against democrat attorney general jerry brown. whitman became a billionaire during her time as the ceo of e-bay. she just shattered the previous

campaign spending record held by none other than new york city mayor michael bloomberg. he spent $109 million of his own money in his successful bid for a third term. man, do they want to be subject servants! -- public servants! the white house is probably not hoping to tout the fact that a majority of folks would support tax cuts across the board. awful this coming as 31 house democrats break rinks with the president's plan to increase taxes on the richest americans. james rosen is live on capitol hill. this is interesting. the white house message has bank of america' the republicans trying to take care of the rich. we democrats want to take care of the middle class. now you are seeing 31 democrats

saying we don't think the rich should be taxed more either. >> with neither party having the votes they need to ram through their prefer approach on the extension of the bush-era tax cuts, the name of the game has been to find a few members of the opposition, cherry pick them off and persuade them to defect. as we take a look at a live picture of the house floor where a vote is underway. the republicans as the minority party have seized on a new tactic, namely, they are pressing, daring house speaker nancy pelosi to stage a straight up or down vote on whether to keep all tax rates as they are now for all tax brackets. this move comes after two top lieutenants to the house speaker, both democrats from maryland, steny hoyer and chris van hollen have signaled their amenability along those lines. but the house speaker is showing

she is not pursuaded. >> the american people are not going to accept anything less than the vote they deserve. the speaker should pledge to the american people and when she stands before these cameras later today she ought to pledge that there will be an honest up or down vote on stopping all of the coming tax hikes. >> what i believe the american people believe is a tax cut for the middle class. and without getting into procedure and timing and process. what we are going to do is say at the end of the day, the extension of the obama middle income tax cuts will take place. >> reporter: but we love procedure and timing and process here on capitol hill. one other point. the senate voted most live along party lines 61-38 with two republicans defecting to approve a $30 billion measure that sets aside fundser to community banks

to load to small business. the white house and congressional democrats claim it will stimulate $300 billion in economic activity. the two republicans that defected both georges. megyn: they may hope it stimulates votes in their favor in the mid-term as well. the white house and a handful of its key healthcare allies are getting ready to roll out a big new campaign. they want everyone to know how great the healthcare overhaul will be. michelle malkin is up next on the new advertising blitz on its way to your living room. plus he built a computer empire from scratch and revolutionized the world of mobile media. but is steve jobs really a ninja? the craziest story of the week on "america live" today. [ female announcer ] which cheese slices do you prefer?

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megyn: a fox news alert and a new update on the situation in baltimore at the johns hopkins hospital. we are learning the suspect who shot a doctor and is wound is in fact dead but the suspect shot himself and the suspect also shot his relative. we were told earlier it was his mother. according to the baltimore police the standoff is over, but it's because the suspect shot himself and his relative. and both are now dead. this thing got started when apparently this man was upset about medical care his mother received at the hospital earlier this week. obviously went into the hospital with a gun. shot a doctor, barricaded himself on the 8th floor and

the situation ended, police say about it suspect shooting and killing himself. more as we get it. you can buckle up to the blitz on healthcare. democrats led by president obama are set to launch a huge new information campaign in support of the healthcare overhaul. the latest pew research poll shows 8% of americans support the healthcare law. rasmussen says 53% of americans want it repealed. that's not good for democrats who had planned months ago on making this their platform going into the november mid terms. michelle malkin is my guest. we have been covering the fact that the democrats had not been touting healthcare. now they decided to man up and

they are exhausting money to tout the new insurance provisions that kick in this month including 26 years old up to you can stay on your parents' medical plan, no copays for preventive care and they can't take away coverage when people get sick. is it a good strategy. >> i don't think so, though to the extent they will be spending money that won't be directed as dislodging republicans i suppose the republicans will think this is a good strategy because it's pouring money down a big hole. what you have is progressive groups, obama-care advocates who are banding together, very intrepid to launch this perpetual campaign, and it has been for the last two years, and much of this is being extra jieds on k street i-- isbeing s.

this an astro turfed project. healthcare for america now is funded by george soros. left wing groups tied to the center for american progress. these are in no way representative of the small businesses and consumers who are being harmed. and who are facing the costly consequences of this federal healthcare takeover. and none of this educational campaign can wipe away the fact or white wash the fact that it has been a miserable failure. if you measure them by their own goal, they said city would reduce costs, it has not. they said city would increase access, it has not. if you talk about the young people, they keep touting the fact that more young people will get on healthcare when in fact in the real world in the healthcare market what's happening in the individual market is insurers, five of them here alone in colorado are cancelling coverage for young people because of the costs of

all the increased mandates being heaped on them. megyn: you mentioned healthcare for america now, that's the george soros group that will be holding events to inform voters about the provisions. we heard from kathleen a beale wakathleen sebeliusis it's the f misinformation. i had a debate on this show asking, is that insulting to those who are not misinformed. they also have a fundamental belief that it's not going to bent cost curve down, it will add to the national deficit and they don't knead to have education tall rallies and events to be more informed as kathleen sebelius would like them to be. >>it is condescending but more than that it's classical liberal

thinking. they never admit there is something fundamentally flawed about the product. it's always a matter of marketing. if only they could spin it more. if only they could tell one more somebody story. that's classic alinsky tactics, so they don't have to and the hard questions about the costs and consequences of imposing these massive federal mandates. i want to bring you back. this is also very important. during the heat of the obama-care battle, peter orsack, the white house budget director, basically issued a threat to doug elmadorf, the cbo director saying you better make sure you are not underestimating the savings. this is part of the bully tactics we have seen from this

white house whether it's kathleen sebelius telling insurers to shut up about the real reasons for their rate increases. what you have here is essentially an online campaign, and offline campaign to shut up the critics who were right all along. megyn: don't they need to do something with respect to these rallies or information campaign? rasmussen has been on here saying that the president's approval rating, the democrats' approval rating, he said they are fundamentally and directly tied to this healthcare overhaul and how much people disdain it and not just it, but the process by which it passed. i don't know that they can make people feel better about the process, but don't they have to try to make them feel better about the law? >> sure, they will they will. this is their bread and butter. this is how so many of these community organizing groups work.

they will hinge the success of this educational campaign on the cult of personality. on whatever likability obama has left in his trust. megyn: you made a point earlier that is validated by the article. families u.s.a. that supported the overhaul has gathered stories about how the law affected real people. then they will lend its story bank to the administration. >> that's right. if you look at not only hhs and the healthcare czar, the appointee, they have been soliciting these kinds of stories. this is how they argue policy, on emotion and anecdote. barack obama and the white house will surround themselves with these people in their supposed citizen town halls to pass obama-care in the first place. it's important for the republicans to arm themselves with their own counter stories. i have been trying to make this

point over and over again whether it's healthcare or any other domestic policy. the stories of these small businesses that are being decimated. or the ones that are going to have to file all of his -- of this onerous paperwork. we need to hear from these people. these real people to counter those stories. megyn: michelle malkin, thank you so as much for your perspective. supporters call it much-needed immigration reform. critics call it a back door to amnesty. the story behind harry reid's dream act. 6 years old and already stripped of her pom-poms. who would deny this little girl those? >> it's not better for everybody involved it's not better to for my child.

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megyn: new numbers out today show weekly jobless claims at their lowest levels in two months. it's down from 3,000 a week ago. this is the third weekly decline in the past month. for the first time ever a sitting catholic pope is making a state visit to the united kingdom. huge crowds welcoming pope benedict as makes his way through the countryside and answers some shard questions about how the church handled the priest abuse sandal. father jonathon, this is interesting. england is only 10% catholic.

it's highly secular and the pope has some fences to mend there. >> absolutely. when i got here on the ground i was hearing a drum beat. from cnn and also from bbc all day this morning and yesterday saying the crowds were going to be tiny. it was going to be an embarrassment. now we are seeing huge crowds. we have had some aerial views. it's a support to the message he's trying to get across and the response from queen elizabeth ii who said the catholic church and religion in general has been a force of good for humanity. that's the criticism leading up to this state visit as you mentioned. the first ever state visit by a sitting pope that here it is. and there should be support, according to queen elizabeth. megyn: it many amazing to see that picture of them together. the pope focused on secularism

in his discussions with the queen. >> he did. he's saying if you look at 20th century, those regimes who wanted to get rid of god, rid of religion, rid of values, it hasn't been a very happy picture. let me give you a little quote. he says that there has been -- there have been systems -- systems of secularization that no longer value or tolerate traditional values and cultural expression of the british people. he's going against that. he thinks religion and faith and values need to be stood up for. megyn: he then had lunch at the home of the scottish cardinal keith o'brien and enjoyed hagget. sheep heart, liver, heart and

lungs. >> no, it's a simple form of martyrdom to me. but it sounds like he had a great time and enjoyed the scottish people. megyn: it's called the dream act. a proposal that could put some illegal i am grants on the path to citizenship. but critics are calling it amnesty by another name. a cushion on this is taking place at the white house. and the internet rumor that won't die. steve jobs, airport security and chinese stars. trace joins us to sort on you the facts from the fiction. what am i talking about? @=h

megyn: fox news alert. awaiting a news conference on the shooting of a doctor stat john's hopkins hospital in baltimore. the gunman is dead. he shot and killed himself but not before he shot and killed a relative whose care led to the standoff in the first place. >> reporter: the police and the mayor of baltimore will be out here shortly to talk to us. as far as the latest from baltimore it changed since i last spoke to you. first a hospital official said

the suspect was dead and the family member in the room was okay. but then the police confirmed to fox it was a murder-suicide. the suspect killed the person in the room and killed himself. so two dead. additionally we were told it was a family member in the room. now police are back off of that and saying our detectives are in there doing some investigation. that's the latest from here. as far as the one person wound, a doctor, a male in his mid 30s shot in the stomach. he's expected to be okay. megyn: molly, thank you. in another fox news alert. a meeting scheduled at the white house on a plan that critics say would mean amnesty for millions of illegal immigrants. president obama is sitting down with three democratic lawmakers said to be discussion the dream act, a new bill that would grant citizenship to anyone who serves in the military or attend

college for two years. this is harry reid's last ditch effort to get some sort of immigration reform passed i guess in advance of the mid-terms. is there any chance whatsoever of that happening, rich? >> zero. this is clearly just throwing out bones to pro-am necessary city groups and latino groups who are disappointed they haven't gotten their so-called immigration reform. it's clear politics. i guess harry reid figures a quarter of nevada voters are latino. give always has an advantage among latinos. among swing voters if you look at the polls, people want to enforce the immigration laws before doing anything else. i think it's bad politics and top of everything else. megyn: harry reid is locked in the reelection battle of his

life. the rasmussen poll shows 48-48. she is neck and neck with the senate majority leader. is this a desperate move as the republicans allege? >> not at pull. the dream act has strong support from the military leaders, both under president obama and president bush. it also has a huge amount of support from business leaders. megyn: it couldn't pass under president bush. >> we have a different congress, we'll see what happens. >> for now. >> these people came to this country with their parents undocumented. why are we punishing kids who had no say in that decision. why not allow these children who would have some undergo a background check. have to have good moral character and commit to serving in the military or attending college for two years. kids raised in the united states.

why are we punishing them. megyn: senator vitter says the reason is this will provide a powerful incentive for more illegal immigration, allowing states to grant in-state tuition to illegal alien student. so illegals down in mexico they would say, get to the united states. i'll get them into college. >> what 11-year-old is making the decisions to cross the border? what we are talking about here is not punishing kids. allowing kids who have been living in the united states to get access to the american dream, hence the name of the bill. it many called the dream act for a reason. this has broad bipartisan support. 60% of republicans support this bill. megyn: you keep saying this, but when i read the articles, it shows it has zero chance of passing. >> you feel sorry for these kid and a lot of them i'm sure are upstanding people. but anything due to undermine

our immigration laws, saying if you are here illegally we'll give you amnesty, encourages more people to come. we need to enforce the border seriously, enforce the workplace seriously, get a handle on this problem of illegal immigration and see the illegal population decline which is finally starting to do a little bit. we don't want to turn around now and undermine all that effort. we need to go more in that direction, and see whether we can actually as a sovereign nation control our borders. megyn: she is saying this has broad bipartisan support. >> even republicans supporting it in the past say the way they are going about this is ridiculous. they are trying to get it on a defense authorizization bill. if it's so popular, air it as a free-standing piece of

legislation. megyn: why not let it stand or fall on its own? >> it's going to increase by a huge number the proportion of young people eligible for military service. why not attach it to the military appropriations bill. it has been attached in the past and we didn't see republicans with this kind of uproar, didn't make it through to the end of the line on the process there. but this is a very small first step. it's so important for the 800,000 young people that this bill is going to impact. what we do need to address is comprehensive immigration reform. megyn: do you think it's a coincidence it's six weeks in advance of the mid-term election when harry reid is 48-48? >> this is a bill they have been working on for years. it's long overdue. >> i abright' a first step towards amnesty. they can't get their comprehensive immigration re form through either, they are

trying to do it in bite sigh pieces. but they are running against the grain of majority sentiment in this country. people want the laws enforced. it's not very complicated. megyn: the latest polls show the majority of americans want the borders secured. >> this goes hand in hand. megyn: just six years old and already booted from the. he squad. what's up with that. an edgy cheer, a protective parent and a complaint that sparked a war of words. what's the world coming to. during the break you can go to foxnews.com/americalive. see more pictures of this beautiful little girl before the gavel drops. >> you have a problem with your daughter using those words? >> no, i do not. that cheer has been around for a long time.

her mother don't agree with what's going on. why can't she go to another team. @k@k@k@k@k@k@k

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investing unleashed. megyn: "kelly's court" is back in significance. cheers, jeers, and a peewee. he squad with a astronauty suggestion. our bootie shakes from left to right. apparently that has been the rally cry for years in the suburbs of detroit. but jennifer tesch could not believe it was coming from her little girl's mouth. >> it doesn't make any sense for after 6-year-old to be saying those word is inappropriate. megyn: so mom complained and her daughter was booted from the team in response. she is not too happy, but can she stop it? let's ask our panel. panel, so this mother can't believe it. she makes a complaint, they hold

a school meeting to discuss the complaint and the result is say good-bye to the cheer squad all together, little girl because mommy had the never to raise this issue. >> you nailed that cheer in the beginning. weren't you a cheerleader. megyn: yes, from the age of 10. >> it many terrible. if you have a human heart you can't not feel for this little girl. she is 6 years old. she wakes up, nothing that she has done. and the result of that -- look how cute she is. they have to choose between this cheer is maybe the cheer i have ever heard. it's not clever, and this girl. so they say, well, it's a balancing act. we can crush this little girl. we'll take the cheer. and the bootie shaking. what booties? they are 6 years old. booties are years away.

megyn: they are touting their skirts are too tight. why doesn't the school turn around and say tough an objection, maybe the school wants to stand by the cheer, she does haven't to cheer that particular cheer. why kick her off the squad? >> i would agree with lee but then we would both be wrong. there is no i in the team. the individual is not great than the sum of the parts. the deal here is this is a team. every team has a proat ko protot of values. this is a precious girl, she is wonderful and beautiful, and that's why the mother should leave her alone. megyn: she doesn't want her daughter saying those things. >> you as a gorgeous little cheerleader that you were. this is a time honored cheer. it's a wonderful cheer. megyn: you want to know the cheer i was doing when i was 10?

black and white and we can fight. put them together, we are dynamite. now that is g-rated. >> let's deconstruct the cheer joey is talking about. our backs ache, they all have a back problem? or is there an implication of something different? our skirts are too tight. well that one we don't need to deal with implications. that speaks for itself. our booties shake left to right. that's a winner right there. here is the test. pretend you are there, close your eyes. pretend you are in the stand, you are looking down at that cute little girl and it's your daughter and that's what you hear, the bootie shaking, i-skirt's tight. is that okay with you? if you answer yes you are known

in the law as a whacko or weirdo. if you answer no, you are normal. >> why do we have to have these negative connotations and conjure up ill type of thoughts when it's a cute cheer that has been going on for a long time? no other parent has an issue with it. she has an issue, leave the team. that's what she should do. if she doesn't like the value system of the organization. she doesn't like the cheers that have been around forever. megyn: this is from one of the coaches. she said the following. i'm directly quoting this lunatic, referring to the mother. she claim the mother said i don't mind the bootie shaking so much and the backaching and the skirt being tight i don't understand. therefore the coach and school felt the mother needed to go because she was a quote lunatic. what can the mother do legally? >> does she wants to be on this

team? ultimately we get to the same place. it seems to me she and her family don't want to be in the same room with these people. would they bring a lawsuit, put their little girl through this? they are on tv talking about it. i'm work on the routine. megyn: she can cheer for other teams. >> the fact that all these people are in a group together and they see nothing wrong with it doesn't make them right. is it the end of the world? megyn: he said it's cute. >> it's been around for the longest of time. >> let it go. do you will be back in the 80s they were talking about tight skirts and bootie shaking left and right? megyn: we did not.

the school to its credit says she can try out next year, but if she makes the squad she'll be on probation. >> leave the mother at home. megyn: thank you. one final word for our viewers. these parents, this coach, this school did the wrong thing. totally wrong. period. you don't punish a little girl because her mother raised a suggestion to a sexually suggestive cheer. what were they thinking? unfortunately the mother has no legal remedy. what she does have is an opportunity to teach her daughter about standing up for one's principles and values no matter the cost. it many the internet rumor that will not die. is steve jobs a secret ninja, a master of the martial arts? a king of the kung fu? we are not kidding and we'll profit after the break.

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megyn: he strike fear in the hearts of his rivals. he's rarely seen in public. and he recently visited japan. is steve jobs a ninja in you might think so after reading internet rumors that he tried to bring ninja weapons onto a plane. why won't the rumors die? >> reporter: not only was steve jobs in japan but airport confirms somebody though they won't say who was stopped with

those ninja stars. apple says it's hogwash. why are we still talking about it two week later? because it's fun. the web is having a blast with this. remember the company that did that reenactment of tiger woods in the car crash? now they with one of steve jobs going through the airport forking of into a ninja. he goes through with the stars. he puts them through the scanner, then the other side he comes out as a ninja warrior. very funny bit. they are doing is all over the internet. my favorite quote is from gizmodo. their quote is if any of us appear to be daipped our most tender parts. another rumor will be confirmed. that's from gizmo.

very funny stuff all over the internet. is he a ninja? of says no. megyn: if hes is a ninja and the apple thing falls through. there is a restaurant here in new york that's called ninja. you walk in and you think i'm going to have a nice night, and no sooner do you walk through the door, then wham, down jumps a ninja in front of you. >> reporter: you are athletic. megyn: we'll be right back. captioning made possible by fox news network [ male announcer ] we touch a lot of things throughout the day. so it's nice that clor disinfecting products help kill the germs that can live on surfaces for up to 48 hours. ♪ feels sweet when i can touch you ♪

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>> we are getting tons of mail including this saying that the cheer used to go like "my backaches, my belt's too tight, my hips shake from left